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NY L88600




November 9, 2005

CLA-2-95:RR:NC:SP:225 L88600

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ken August
Fun World
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a costume from China.

Dear Mr. August:

In your letter dated November 3, 2005, you requested a tariff classification ruling.

You submitted a sample of an Adult Promotional Santa Suit identified as item number 7500Q that meets the flimsy, non-durable requirements for classification within Chapter 95 and is being returned upon your request.

The costume consists of a 100% knit polyester fabric top, a pair of well-made polyester fabric pants, a Santa hat, a belt, a pair of black vinyl pleather gloves, black vinyl pleather boot tops trimmed in faux fur and a white nylon Santa beard, with the top imparting the essential character. The top is red and decorated with white polyester pile faux fur trim at the neck, down the center of the chest, at the cuffs and at the hem. Although the top has a styling feature (multiple layers at the collar), a well-made neck, well-made edges at the top of the collar and a well-made belt embellishment, it has flimsy construction of the seams, a flimsy hook and loop tab closure and visible overlock stitching at the arms, hem and closure.

The applicable subheading for the Adult Promotional Santa Suit identified as item number 7500Q will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be Free.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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